[HISTORY: Adopted by the Town Board of the
Town of Newburgh 6-19-1978 by L.L. No. 2-1978; amended in its entirety 12-15-2008 by L.L. No. 7-2008.[1] Subsequent amendments noted where applicable.]
[1]
Editor’s Note: This local law provided that applications which are pending before the appropriate Board or department of the Town of Newburgh as of the effective date of this local law and for which fees or partial fees have already been paid shall be subject to the fees set forth in Chapter 104 prior to this amendment with respect to those fees already paid and the fee increases established herein shall apply only to fees or partial fees which were unpaid or applications submitted after the effective date of this Local Law.
The Town Board, in order to promote proper governmental
administration and provide for a consolidated schedule of fees involving
the administration of Town ordinances, local laws, rules and regulations,
finds it is in the best interest to enact this chapter.
A.
Land subdivision. (See Chapter 163, Subdivision of Land.)
(1)
Lot line change and two lot subdivision of parcel
containing an existing residential structure (payable at application):
$550.
(2)
Minor subdivision of four lots or less (payable at
application): $550, plus $200 per lot.
(3)
Subdivision of 10 lots or less (payable at application):
$1,000, plus $225 per lot.
(4)
Subdivision of 25 lots or less (payable at application):
$2,000, plus $250 per lot.
(5)
Subdivision of more than 25 lots (payable at application):
$4,000, plus $250 per lot.
(7)
On-site inspection by Planning Board: $35 per inspection.
(8)
Inspection of public improvements: 4% of the value
of bonded improvements.
(9)
Recreation fee in lieu of land: $2,000 per lot for
a subdivision of four lots or less (a "minor subdivision"), provided,
however, that if a lot contains an existing one-family dwelling unit,
such lot (and only one) shall be excluded from the calculation; $2,000
per lot including the first four lots for subdivisions greater than
four (a "major subdivision"). For residential site plans, including
but not limited to condominiums, multiple dwellings and two-family
homes, $2,000 for each residential unit.
(10)
Public hearings: $150, plus publication and transcription
costs.
(11)
Cost of professional services required for architectural review performed in connection with subdivision review process: see § 104-2D(3).
(12)
Costs of professional services in connection with subdivisions with respect to inspections of landscaping installations and erosion and sediment control measures, establishment or extension of special improvement districts, outside user agreements, developer agreements, road abandonments, easements over Town property and review of proposed dedication instruments, including deeds, easements, securities and insurance: See § 104-2G.
B.
Site plan and special use permit review. (See Chapter 185, Zoning.)
[Amended 12-17-2012 by L.L. No. 9-2012; 6-11-2018 by L.L. No. 9-2018]
(1)
Application fee.
(a)
Residential site:
[1]
Site plan containing four dwelling units or
less (payable at application): $500, plus $200 per dwelling unit.
[2]
Site plan containing 10 dwelling units or less
(payable at application): $1,000, plus $225 per dwelling unit.
[3]
Site plan containing 25 dwelling units or less
(payable at application): $2,000, plus $250 per dwelling unit.
[4]
Site plan containing more than 25 dwelling units
(payable at application): $4,000, plus $250 per dwelling unit
(b)
Commercial site: $1,500, plus $250 per 1,000
square feet of floor area.
[Amended 12-12-2022 by L.L. No. 7-2022]
(c)
Electronic message display sign special use permit: $150 per
sign.
(2)
Inspection of public improvements: 4% of value of
bonded improvements.
(4)
Recreation fee in lieu of land for multifamily dwellings:
$2,000 per unit.
(5)
Public hearings: $150, plus publication and transcription
costs.
(6)
Cost of professional services required for architectural review performed in connection with site plan review process: see § 104-2D(3).
(7)
Costs of professional services in connection with site plans with respect to inspections of landscaping installations and soil and erosion settlement control measures, establishment or extension of special improvement districts, outside user agreements, developer agreements, road abandonments, easements over Town property and review of proposed dedication instruments, including deeds, easements, securities and insurance: See § 104-2G.
C.
Building permit applications. (See Chapter 71, Building Construction.)
(1)
Upon filing of an application for a building permit
for a new residential structure, the following fee shall be charged:
$200, plus $0.50 per square foot of floor area.
(2)
Upon filing of an application for a building permit
for a multiple-dwelling structure (including but not limited to townhouses,
condominiums and garden apartments), as such term(s) is defined or
used in the New York State Uniform Fire Prevention and Building Code,
the following fee shall be charged: $400 per dwelling unit, plus $0.60
per square foot of floor area.
(3)
Upon filing of an application for a building permit
for a new commercial structure, the following fees shall be charged:
(a)
For structures 9,999 square feet and less: $300,
plus $0.60 per square foot of floor area.
(b)
For structures between 10,000 square feet and
24,999 square feet: $500, plus $0.65 per square foot of floor area.
(c)
For structures between 25,000 square feet and
99,999 square feet: $1,000, plus $0.70 per square foot of floor area.
(d)
For structures 100,000 square feet and greater:
$5,000, plus $0.70 per square foot of floor area for the first 100,000
square feet and $0.35 per square foot for the floor area greater than
100,000 square feet.
[Amended 12-17-2012 by L.L. No. 9-2012]
(4)
Upon filing of an application for a building permit
for an addition, alteration, renovation or accessory building (other
than a deck) the following fee shall be charged: $10 per $1,000 of
construction value.
(5)
Upon filing of an application for a building permit
for a deck, the following fee shall be charged: $60 plus $5 per $1,000
of construction value.
(6)
Upon filing of an application for a building permit
for demolition, the following fees shall be charged:
[Amended 12-17-2012 by L.L. No. 9-2012; 12-16-2013 by L.L. No.
9-2013]
(a)
Residential
structure: $100 per story.
(b)
Commercial
structure:
[1]
For structure up to 15 feet in height: $300.
[2]
For structure 15 feet to 25 feet in height: $700.
[3]
For structure 25 feet to 35 feet in height: $1,300.
[4]
For structure 35 feet to 45 feet in height: $2,200.
[5]
For structure 45 feet to 55 feet in height: $3,550.
[6]
For structure 55 feet to 65 feet in height: $5,575.
[7]
For structures over 65 feet in height: $5,575 plus $1,500 for each
additional 10 feet in height.
[8]
For each of the above: plus $0.10 per square foot of floor area.
(c)
Residential accessory structure: $50 per story.
(7)
Upon
an applicant filing for the reissuance of a building permit that previously
was issued and has expired, absent other circumstances, the permit
will be reissued upon payment of the following fee based upon the
time of expiration of the permit:
[Added 12-17-2012 by L.L. No. 9-2012]
(a)
Zero to 12 months: 10% of the original permit fee.
(b)
Twelve to 24 months: 20% of the original permit fee.
(c)
Twenty-four to 36 months: 30% of the original permit fee.
(d)
Thirty-six to 48 months: 40% of the original permit fee.
(e)
Forty-eight months or longer: 50% of the original permit fee.
(8)
Upon
filing of an application for an operating permit, the following fee
shall be charged: $100.
[Added 12-12-2022 by L.L. No. 7-2022]
D.
Miscellaneous planning, zoning and Building Department
fees.
(1)
Certificate of occupancy.
(a)
New single-family or two-family residential
structure: $60.
(b)
New multiple-dwelling structure: $150 per dwelling
unit.
(c)
Commercial/industrial structure under 10,000
square feet of floor area: $200.
(d)
Commercial/industrial structure 10,000 square
feet or over of floor area: $400.
(e)
Residential accessory structure/residential
addition, alteration renovation: $25.
(2)
Zoning Board of Appeals applications.
[Amended 12-19-2016 by L.L. No. 2-2016[1]]
(a)
Fees.
[1]
Area variance for single- and two-family residential use and
accessory use thereto: $250.
[2]
Use variance for single- and two-family residential use and
accessory use thereto: $250.
[3]
All other area variances: $500.
[4]
All other use variances: $750.
[5]
Special permits: $150.
[6]
ZBA interpretation of Code: $250.
[7]
Appeal of Code compliance determination: $250.
(b)
Additionally, a $50 public hearing publication fee will be charged
for all applications requiring a public hearing, and for those proceedings
for which a court reporter is used, the applicant shall pay the costs
of transcription.
[1]
Editor's Note: This local law provided an effective date of
1-1-2017.
(3)
Applicants shall, at the discretion of the particular
board involved, reimburse the cost of professional services required
in the review process based on the most current rate. Payment shall
be made prior to each stage of submission.
(4)
All requests for certification letters, including
but not limited to certificates of occupancy, abstract, title search,
zoning and road ownership certificates: $125 per certified letter.
(6)
Inspections requested outside normal business hours:
$150 plus reimbursement of overtime costs.
(8)
(9)
Floodplain development permit application: $500.
(10)
Town highway curb cut/driveway permit: $50.
(11)
Annual inspection of public assembly category buildings:
$100.
(12)
Annual inspection of commercial buildings other than
public assembly category: $50.
(13)
Tree
preservation plan application fee: $200.
[Added 8-22-2022 by L.L. No. 4-2022]
E.
Subdivision, site plan, architectural review, site
preparation, use variance, area variance, special permit and interpretation
application professional service fees.
[Amended 12-17-2012 by L.L. No. 9-2012]
(1)
Legislative intent. By enactment of this section,
the Town Board of the Town of Newburgh recognizes the need of ensuring
that the engineering, planning, technical, environmental, legal and
clerical costs incurred by the Town in processing and reviewing land
use approvals be borne by the applicant/developer and not by the general
public. To this end, it is the intent of this section to require the
applicant/developer within the Town of Newburgh to deposit with the
Town, in escrow, certain fees which are reasonably related to the
complexity of the application and necessary review by the Town through
its consultants as a condition precedent to the processing and review
of any application. Additionally, this section shall also require
the deposit of escrow fees with the Town to cover the Town's costs
for review of an applicant/developer's environmental impact statement
in accordance with Environmental Conservation Law § 8-0113
and 6 NYCRR 617.17.
(2)
Fees for certain actions before the Planning Board.
(a)
Upon application to the Town of Newburgh Planning
Board for any planning action or approval, the applicant shall deposit
with the Secretary to the Planning Board an escrow to cover the costs
being incurred by the Town for all consultant services, including
but not limited to engineering, planning and legal as well as clerical
costs incurred in the processing and reviewing of such application.
(b)
The Town of Newburgh Planning Board shall compute
the initial escrow charge in accordance with the following schedule:
[1]
Residential subdivision: $500 per lot for each
lot up to five lots and $300 per lot for each lot over five lots.
[2]
Commercial subdivision: $1,000 per lot for each
lot up to five lots, and $500 per lot for each lot over five lots.
[3]
Multifamily residential site plans and special
permits: $250 per unit for each unit up to 50 units, and $100 per
unit for each unit over 50 units.
[4]
Commercial or other nonresidential site plans
and special permits: $1,000, plus $200 per 1,000 square feet of building
floor area or part thereof.
[6]
Electronic message display sign special use permit: $500 per
sign, except if designated as a Type II SEQRA action, $1,000 plus
$500 per sign.
[Added 6-11-2018 by L.L.
No. 9-2018]
[7]
Tree preservation plan application: $500 for sites one acre or less;
$1,000 for sites over one acre.
[Added 8-22-2022 by L.L. No. 4-2022]
(c)
Planning review fee deposits shall be made to
the Secretary to the Planning Board and shall be placed in a separate
non-interest-bearing account by the Town of Newburgh.
(d)
No review shall be undertaken by the consultants
nor shall the matter be scheduled before the Planning Board until
the escrow account and all fees as set forth herein are paid.
(e)
If the escrow account falls below 40% of the
initial deposit, the Planning Board may, if recommended by the consulting
engineer, planner or attorney, require that the applicant pay additional
funds into the escrow account up to 75% of the initial deposit.
(f)
In the event that an applicant shall withdraw
his application at any stage of the proceedings or when the application
review and approval process has been completed, the balance of funds
after payment of all outstanding charges in the applicant's account,
together with the interest accrued thereon, shall be either remitted
to the applicant within 60 days of final action by the Planning Board
or, if so directed by the applicant, shall remain on deposit as the
applicant's initial payment during the post-approval inspection requirements.
(g)
The applicant shall be responsible for the payment
of all the consultant services incurred by the Planning Board, notwithstanding
that the escrow account may be insufficient to pay for said fees or
expenses.
(h)
In the event that the Planning Board, in the course of reviewing an application, determines that the proposed action requires a positive declaration under SEQRA, all costs incurred by the Board for the review of any environmental impact statements, whether of a professional or clerical nature, shall be borne by the applicant pursuant to 6 NYCRR 617.8(a). Such costs shall be covered by an escrow account established pursuant to this section within 15 days of said positive declaration, in an amount as set forth in this Subsection E.
(3)
Pending applications. All applicants with matters
pending before the Planning Board as of the effective date of this
section shall be required to post an escrow in the manner and upon
the terms and conditions set forth below:
(a)
The Planning Board, in consultation with the
applicant, shall compute the amount of the escrow to be posted with
the Town. Such amount shall be reasonably related to the costs attendant
to the Town's review of the application as of the effective date of
this section. Under no circumstances shall the escrow include amounts
attributable to any costs incurred by the Town prior to the effective
date of this section.
(b)
Once computed and established by resolution
of the Planning Board, the applicant shall, within 15 days of said
resolution, post the escrow fees with the Secretary of the Planning
Board. Failure to deliver said escrow fees may result in delay of
the further processing of the application.
(4)
Fees for certain actions before the Zoning Board of
Appeals.
(a)
Upon
application to the Town of Newburgh Zoning Board of Appeals for certain
complex use or area variances, special permits, interpretations and
other applications which the Zoning Board of Appeals is authorized
to hear, or later determination by the Zoning Board of Appeals that
consultant services are required, the applicant shall deposit with
the Secretary to the Zoning Board of Appeals an escrow to cover the
costs being incurred by the Town for consultant services, including
but not limited to engineering, planning and legal as well as clerical
costs, incurred in the processing and reviewing of such application.
(b)
The
Town of Newburgh Zoning Board of Appeals shall compute the initial
escrow charge in accordance with the following schedule:
[1]
Use or area variance for commercial lot or use (except signs): $1,000.
[2]
Use or area variance for multiple dwelling residential site: $1,000.
[3]
Special permit: $1,000.
[4]
Interpretation for commercial lot or use or multiple dwelling residential
site or use: $1,000.
[5]
All other applications for commercial or multiple dwelling residential
lot, site or use which the Zoning Board of Appeals is authorized to
hear: $1,000.
(c)
Review
escrow fee deposits shall be made to the Secretary to the Zoning Board
of Appeals and shall be placed in a separate non-interest-bearing
account by the Town of Newburgh.
(d)
If
the escrow account falls below 40% of the initial deposit, the Zoning
Board of Appeals may require that the applicant pay additional funds
into the escrow account up to 100% of the initial deposit.
(e)
In the event that an applicant shall withdraw his application at
any stage of the proceedings or when the application review and approval
process has been completed, the balance of funds after payment of
all outstanding charges in the applicant’s account shall be
remitted to the applicant within 60 days of the decision by the Zoning
Board of Appeals.
F.
Rezoning fees.
(2)
Costs of professional services required for review of rezoning and zoning amendment application and preparation of amendment: See § 104-2G.
(3)
The applicant shall also be required to pay, upon
presentation, for the actual costs of publication and mailing of any
and all notices required by any provision of this Code and other provisions
of law.
(4)
Public hearing: $150, plus costs of publication and
transcription.
G.
Professional service fees for zoning amendment and
rezoning applications, inspections, improvement districts, dedications
and agreements.
(1)
The Town Board hereby finds and determines that in
order to protect and safeguard the Town of Newburgh, its residents
and their property, with respect to certain land developments in the
Town, applications for zoning amendments and rezonings should conform
with the Town's Comprehensive Plan as it may be amended from time
to time and be the subject of such environmental reviews as are required
by law; landscaping installations and erosion and sediment control
measures should be designed and installed in a competent and workmanlike
manner and in conformity with approved plans and all applicable government
codes, rules and regulations; and special improvement district extensions
and establishments, outside user agreements and dedications and conveyances
to the Town should be made in a legally sufficient manner. In order
to assure the foregoing, it is essential for the Town to have competent
professionals retained by the Town to review and make recommendations
regarding proposed zoning amendments and rezonings, plans and designs
to the Town Board and Planning Board; inspect landscaping and erosion
and sediment control measures; negotiate and draft appropriate agreements
with those persons installing or constructing or proposing to install
or construct highway, utility, drainage or park improvements to be
dedicated or connected to Town facilities; obtain, review and approve
deeds, easements, securities, insurance and other legal instruments
to assure that the Town obtains good and proper title and is otherwise
appropriately protected. The costs of retaining such competent professionals
should ultimately be paid by those who seek to profit from such developments
rather than from Town general or improvement district funds which
are raised by assessments paid by the taxpayers of the Town. (This
chapter is enacted under the authority of subparagraphs a(12) and
d(3) of (Municipal Home Rule Law §§ l0(1)(ii) and 22.
To the extent that Town Law §§ 265, 274-a, 276 and
277 do not authorize the Town Board or Town Planning Board to require
the reimbursement to the Town of professional expenses in connection
with the review, inspection and approval of landscaping, erosion and
sediment control measures for subdivisions and site plans; review
and approval of districts and dedications and amendments to the zoning
law, it is the express intent of the Town Board to amend and supersede
such statutes. More particularly, such statutes do not authorize the
deferral or withholding of such approvals in the event such expenses
are not paid to the Town. It is the express intent of the Town Board
to change and supersede Town Law §§ 265, 274-a, 276
and 277 to empower the Town to require such payments as a condition
to such approvals.)
(2)
The applicant for approval of a zoning amendment or
rezoning by the Town Board shall reimburse the Town for all reasonable
and necessary professional expenses incurred by the Town in connection
with the review, preparation and consideration of such zoning amendment
or rezoning and all environmental reviews in conjunction therewith.
(3)
A person who installs landscaping or erosion and sediment
control measures or constructs or proposes to construct highway, drainage,
utility or park improvements within or in conjunction with an approved
subdivision or site plan in the Town shall reimburse the Town for
all reasonable and necessary professional expenses incurred by the
Town in connection with the inspection of the landscaping or erosion
and sediment control measures and the acceptance by the Town of said
highway, drainage, utility or park improvements and the dedication
of same to the Town.
(4)
Simultaneously with the filing of an application for
a zoning amendment or rezoning, the applicant shall deposit with the
Town Accountant an escrow to cover the costs being incurred by the
Town for all professional services incurred in the reviewing of such
application.
(5)
Prior to final approval of a subdivision or site plan, the applicant shall deposit an escrow to cover the costs being incurred by the Town as described in § 104-2G(3) above.
(6)
The initial deposits required to fund escrow accounts
shall be established by the Town Board by resolution, and the Town
Board may increase or decrease said amounts by resolution from time
to time.
(7)
Upon receipt of such sums, the Town Accountant shall
cause such sums to be deposited in a non-interest-bearing account
in the name of the Town and shall keep a separate record of all such
monies so deposited.
(8)
Upon receipt and approval of itemized vouchers from
a professional for services rendered on behalf of the Town pertaining
to a project, the Town Supervisor shall cause such vouchers to be
paid out of the monies so deposited and shall furnish copies of such
vouchers to depositor upon request following their submission to the
Town.
(9)
All vouchers submitted by professional consultants
shall be reviewed and audited by Town officials in the same manner
as all other charges. The Town shall approve payment of only such
fees as are reasonable in amount and are necessarily incurred by the
Town in connection with the review. A fee shall be considered reasonable
in amount if it bears a reasonable relationship to fees prevailing
in the surrounding geographical area for similar services in similar
projects. In determining similarity of services and projects, the
Town may consider the size of the project and installations, the topography,
soil conditions, drainage conditions, surface water conditions, other
site constraints, the nature of the improvements to be installed or
constructed, the nature of the planning, landscaping engineering or
legal issues arising in the factual context of the application. In
determining whether the fees were necessarily incurred, the Town may
consider, in addition to the factors listed above, the nature of the
materials provided by the applicant, the manner in which the service
relates to the issues which must be decided by the Town in reviewing
the application, whether the service provided reasonably assists the
Board in performing a function required by law or regulation, and
such other factors as may be relevant in the factual context of the
application. Records shall be maintained showing all amounts deposited
and all amounts paid from the escrow account and all bills and vouchers
submitted by the Town professional consultants. The applicant shall
in no case be billed for more than the Town has actually expended
for consultant review fees, and review fees attributable to environmental
reviews under the State Environmental Quality Review Act (SEQR) shall
in no event exceed the maximum amounts to be charged pursuant to the
SEQR regulations.
(10)
Within 30 days of receiving any voucher for professional
consultant fees, whether it has as yet been paid or not, an applicant
may file a written request to the Town Board seeking review of the
charges therein, to determine whether such fees are reasonable in
amount and are necessarily incurred by the Town in connection with
the review, under the standards set forth in this chapter.
(11)
When the balance in such escrow account is reduced
to 40% of the initial deposit, the applicant shall replenish the amount
of the escrow account to the original amount or such reduced amount
as the reviewing board shall determine appropriate. If the applicant
for a zoning amendment or rezoning fails to make the escrow deposit,
or fails to promptly replenish the amount in the escrow account within
15 days of the Town's request, professional reviews shall not begin
or continue, as the case may be, until such time as the escrow account
is funded or replenished. The reviewing board may also consider an
application abandoned if nonpayment of escrow fees continues for more
than two months, and the reviewing board may deny an application based
upon such abandonment.
(12)
In the event that any approval is granted and professional
review fees remain to be paid, the reviewing board shall not take
any further administrative action in furtherance of the approval until
sufficient provision is made for the payment of these fees. For example,
no rezoning amendment at the request of an applicant shall be forwarded
for filing with the Secretary of State until the Town Accountant has
certified in writing to the Town Clerk that all professional review
fees actually incurred to date have been fully paid and/or reimbursed
and that sufficient escrow amounts remain to cover any professional
review costs which will be incurred thereafter until the conclusion
of the matter.
(13)
Issuance of building permits and certificates of occupancy.
No building permits or certificate of occupancy or use shall be issued
unless all professional review fees charged in connection with the
project have been paid and reimbursed.
(14)
Any balance remaining in the escrow account shall
be refunded within a reasonable time upon applicant's request, upon
completion of the project, or upon withdrawal of an application, after
all fees already incurred by the Town are first paid and deducted
from the escrow account.
(15)
In the event the applicant fails to reimburse to the
Town funds expended to consultants as provided herein, the Town may
seek recovery of billed and unpaid fees by bringing an action venued
in a court of appropriate jurisdiction, and the applicant shall pay
the Town's reasonable attorney fees in prosecuting such action in
addition to any judgment.
A.
Permit and inspection fees. (See Chapter 148, Sewers.)
(2)
Municipal sewer connections.
(a)
Residential building: $100.
(b)
Commercial and/or industrial building gravity
sewer connection:
|
Size of Gravity Sewer Service Connection
(inches)
|
Connection Permit Fee
|
|---|---|
|
4
|
$150
|
|
6
|
$200
|
|
8
|
$250, plus 4% of approved estimated construction
cost
|
|
10
|
$300, plus 4% of approved estimated construction
cost
|
|
12
|
$350, plus 4% of approved estimated construction
cost
|
(c)
Multiple residential units, commercial and/or
industrial building force main (pumped) connection:
|
Size of Force Main Sewer Service Connection
(inches)
|
Connection Permit Fee
|
|---|---|
|
1 1/4 to 1 1/2
|
$150
|
|
2
|
$200
|
|
3
|
$250, plus 4% of approved estimated construction
cost
|
|
4
|
$300, plus 4% of approved estimated construction
cost
|
B.
Water connection and water rate charges:
(1)
Charge for restoration of service. When water service
to any premises has been turned off upon the order of the customer
or for any of the above reasons and service at any premises is again
desired by the same customer, including seasonal customers, a charge
of $5 will be made for the restoration of service during regular business
hours and $7.50 during other than regular business hours, provided
that the discontinuance of service has not required the removal of
the Town's equipment from the customer's premises and closing the
curb stop or turning off the water elsewhere does not involve any
unusual expense. If, however, it becomes necessary to shut off or
disconnect the service pipe at the Town's main, the charge to the
customer for restoration of service will be the actual cost incurred
by the Town incidental to the disconnection and reconnection of the
service pipe.
(2)
Meter rates. Meter rates for the sale of water to
all consumers within the Consolidated Water District and Colden Park
Water District of the Town of Newburgh and the duly constituted extensions
thereto, excluding water sold to the Town of New Windsor, the New
York State Thruway Authority or outside-the-district users, shall
be as follows:
[Amended 12-21-2009 by L.L. No. 13-2009; 12-6-2010 by L.L. No.
10-2010; 12-19-2011 by L.L. No. 12-2011; 12-17-2012 by L.L. No.
9-2012; 12-16-2013 by L.L. No. 9-2013; 12-29-2014 by L.L. No.
12-2014; 12-28-2015 by L.L. No. 4-2015; 12-10-2018 by L.L. No. 12-2018; 12-23-2019 by L.L. No. 3-2019[1]; 12-27-2021 by L.L. No. 4-2021[2]; 12-12-2022 by L.L. No. 7-2022[3]]
|
Usage Per Quarter
|
Rate
|
|---|---|
|
First 7,500 gallons
|
$24 (minimum charge per quarter)
|
|
Next 10,000 gallons
|
$4.72 per 1,000 gallons
|
|
Next 82,500 gallons
|
$5.40 per 1,000 gallons
|
|
Over 100,000 gallons
|
$6.40 per 1,000 gallons
|
(a)
A penalty equal to 5% of the original bill shall be added to
the metered water charges if not paid in full within 30 days from
the due and payable date.
(b)
The Town of New Windsor, the Town of Marlborough, the City of
New York and the New York State Thruway Authority and the outside-the-district
users will pay rates and charges as per agreements entered into with
the Town. In the event that water assessments under the benefit formula
cannot be made applicable for any reason to any consumer and any agreement
between the Town and such users does not reflect payment of the same
in one form or another, the Town reserves the right to surcharge such
users as to meter rates so as to provide for equitable payment of
all charges between all users, said surcharge to be applicable in
the last calendar quarter charge.
(c)
The water rates for the Stewart ANG Base Water District consumer(s)
will be established by the Town Board from time to time in accordance
with New York State Town Law § 198. Unpaid water charges
in arrears for 30 days or longer shall be subject to such penalty
as the Town Board may provide for by resolution subject to the limit
established by Town Law § 198.
(4)
Service connections.
(a)
The following charges will be made for service
connection permits:
|
Size of Service
(inches)
|
Type of Connection
|
Connection Charge
|
|---|---|---|
|
3/4
|
Residential
Commercial
|
$150
$200
|
|
1
|
Residential
Commercial
|
$200
$250
|
|
1 1/4 and 1 1/2
|
Residential
Commercial
|
$250
$300
|
|
2
|
Residential
Commercial
|
$300
$350
|
|
4
|
Both residential and commercial
| |
|
6
|
Both residential and commercial
| |
|
8
|
Both residential and commercial
| |
|
12
|
Both residential and commercial
| |
|
16 and over
|
Both residential and commercial
|
(b)
The cost of the water meter shall be paid by
the owner/applicant and will be added to the water connection fee
above. The cost of the water meter shall be the actual cost to the
Town of Newburgh.
(c)
The owner-occupant applicant shall be responsible
for the installation of the connection line from the main to the building,
including the tapping valve or corporation stop, curb stop and box,
as well as the meter and remote. All connection permit charges shall
be paid at the time the application is approved.
(d)
All installation work shall be subject to inspection
and acceptance by the Town of Newburgh Water Department.
(5)
Backflow preventer application fee: $100.
(6)
Administrative processing fee for late filing of annual
backflow prevention device testing reports: $25.
(7)
Missed/rescheduled final water meter reading appointments
prior to real property transfers: $25.
(8)
Right to change schedule. Notice is hereby given that
the Town reserves the right to change, alter or modify the foregoing
schedule of rates at any time and without notice.
C.
Sewer rents due and payable quarterly on the first
day of January, April, July and October of each year or, if later,
the date of rendition of the quarterly bill shall be charged as follows:
(1)
Sewer operation and maintenance charge.
[Amended 12-17-2012 by L.L. No. 9-2012; 12-16-2013 by L.L. No.
9-2013; 12-29-2014 by L.L. No. 12-2014; 12-28-2015 by L.L. No.
4-2015; 12-19-2016 by L.L. No. 1-2016; 12-27-2017 by L.L. No. 1-2018; 12-10-2018 by L.L. No. 12-2018; 12-23-2019 by L.L. No. 3-2019[4]; 12-27-2021 by L.L. No. 4-2021[5]; 12-12-2022 by L.L. No. 7-2022[6]]
|
Sewer District
|
Rate/Fee
(per gallons consumed per premises)
|
|---|---|
|
Algonquin
|
$4.40/1,000
|
|
Crossroads Consolidated
|
$6.24/1,000
|
|
Gidney
|
$4.80/1,000
|
|
Meadow Hill South
|
$4.48/1,000
|
|
Meadow Hill North
|
$4.20/1,000
|
|
17K/UA
|
$4.20/1,000
|
|
Nob Hill
|
$0.00872/gallon
|
|
Fleetwood
|
$7.20/1,000
|
|
Wintergreen
|
$7.20/1,000
|
(a)
The following minimum operating and maintenance charge shall apply
to all connected properties, including but not limited to those without
water meters: $36 per quarter.
(2)
Sewer facility charge. The basis for the Algonquin,
Crossroads, Gidney, Meadow Hill South, Meadow Hill North and 17K/UA
Sewer Districts shall be as follows:
(a)
Single-family, house and lot: 50 units.
(b)
Two-family, house and lot (50 units, plus 25
units): 75 units.
(c)
Undeveloped land: 25 units per acre.
(d)
Developed commercial parcel: base charge of
50 units, plus 25 units per acre, plus commercial/industrial building
charge determined as follows:
(e)
Unique properties.
[1]
Trailer parks: 50 units, plus 25 units per pad,
plus 25 units per acre.
[2]
Commercial with residence: 50 units, plus 25
units for residence, plus 25 units per acre, plus commercial/industrial
building charge.
[3]
Apartments: 50 units, plus 50 units per apartment,
plus 25 units per acre.
[4]
Motels: 50 units, plus 25 units per acre, plus
commercial building charge.
(3)
Quarterly facility charge per unit: $0.
(4)
Facilities covered. The sewer systems for which the
above sewer rents have been established and imposed include the existing
sanitary sewer system of each district or area of district determined
benefited by an improvement by the Town Board and the Crossroads/City
of Newburgh sewage treatment plant facilities, tie-ins, intercepting
sewers and appurtenances.
(5)
Combined operation and maintenance and facility charge, Roseton Hills
Sewer District: $149 per each residential dwelling unit, whether or
not an apartment or condominium unit on each parcel as listed on the
latest completed assessment roll of the Town per quarter.
[7]
Editor’s Note: This local law also redesignated former Subsection C(5), Penalty, as Subsection C(6).
[8]
Editor's Note: This local law provided an effective date of
1-1-2018.
[9]
Editor's Note: This local law provided an effective date of
1-1-2019.
[10]
Editor's Note: This local law provided an effective date of
1-1-2021.
[11]
Editor's Note: This local law provided an effective date of
1-1-2022.
[12]
Editor's Note: This local law provided an effective date of
1-1-2023.
(6)
Penalty. A penalty of 5% shall be added to the sewer
rent charges if not paid within 30 days from the due and payable date.
D.
Sewer and water district extensions. Applicants shall,
at the discretion of the Town Board, reimburse the cost of professional
services required in the process of the proposed extension or formation
of sewer and water districts based on the most current rate and publication
costs.
E.
Private fire protection fees.
[Added 12-16-2013 by L.L. No. 9-2013]
A.
All reports: $3.
C.
Any alarm activation to which Police Department personnel
respond which is not the result of an unauthorized entry, fire, smoke
or other emergency (false alarm):
|
Per Calendar Year
|
Fee
| |
|---|---|---|
|
1
|
$0
| |
|
2 to 5
|
$25 per alarm
| |
|
6 to 10
|
$50 per alarm
| |
|
Each subsequent occurrence
|
$100 per alarm
|
|
The above charges shall be paid to the Town
Clerk by the property owner or lessee upon receipt of a billing statement
from the Town.
|
F.
Site preparation. (See Chapter 83, Clearing and Grading.)
(1)
Regular permit: $150, plus, if application is forwarded,
any fees charged by the Orange County Soil and Water Conservation
District for technical review.
(2)
Permit requiring Planning Board review: $500, plus
publication costs, plus, if application is forwarded, any fees charged
by the Orange County Soil and Water Conservation District for technical
review.
(3)
Planning Board public hearing: $150, plus publication
and transcription costs.
(4)
Variance: $150, plus publication costs.
G.
Towing service licenses: $300 per year, plus an additional
$50 per tow truck.
H.
Fireworks permit: $75.
A.
Dog licenses. Fees for dog licenses shall be charged
as follows:
[Amended 11-15-2010 by L.L. No. 9-2010]
B.
Purebred dog licenses. Fees for purebred dog licenses
shall be as follows:
[Amended 11-15-2010 by L.L. No. 9-2010]
(1)
Purebred dog license for no more than 10 dogs: $50
plus $3 Agriculture and Markets population control fund surcharge.
(2)
Purebred dog license for no more than 25 dogs: $75
plus $3 Agriculture and Markets population control fund surcharge.
(3)
Purebred dog license for more than 25 dogs: $100 plus
$3 Agriculture and Markets population control fund surcharge.
C.
Impoundment fees. Fees for dogs that are impounded
are as follows:
(1)
For the first impoundment of any dog owned by that
person: $40, and $15 for each additional 24 hours or part thereof
for the first impoundment of any dog owned by the dog owner. In the
case where the dog owner has been notified that the dog is at the
Town Dog Shelter, this $15 shall apply. In case there is not notification
made to the dog owner advising him or her that the dog is at the Town
Dog Shelter, this $15 shall not apply.
(2)
For the first 24 hours or part thereof: $50, and $15
for each additional 24 hours or part thereof for the second impoundment
within one year of the first impoundment of any dog owned by that
person.
(3)
For the first 24 hours or part thereof: $75, and $15
for each additional 24 hours or part thereof for the third impoundment
within one year of the first impoundment of any dog owned by that
person.
(4)
For the first 24 hours or part thereof: $100, and
$15 for each additional 24 hours or part thereof for the fourth and
subsequent impoundments within one year of the first impoundment of
any dog owned by that person.
D.
Fee for adopted dog or cat. Fees for dogs and cats
that are adopted from the Town Shelter are as follows:
(1)
For
any cat or kitten: $75.
(2)
For
any puppy: $75.
(3)
For
any dog other than a puppy except for a senior dog adopted by a person
65 years of age or older: $75.
(4)
For
any senior dog adopted by a person 65 years of age or older: $0.
[1]
Editor’s Note: This local law provided an effective
date of 1-1-2017.
[Amended 12-19-2005 by L.L. No. 14-2005]
A.
A fee of $50 for a license pertaining to games of
chance.
C.
A fee for road dedications in accordance with § 161-45C of $250, plus the costs of recording and other incidental expenses to process the application, which fee is not returnable.
D.
A fee of $2 per bill for each final billing memorandum
rendered by the Receiver of Taxes prior to a real property transfer.
E.
A fee of $2 for each facsimile requested to be forwarded
by the Receiver of Taxes office.
Upon filing of an application for a permit for the installation of a fire suppression system in accordance with Chapter 107 of the Town of Newburgh Municipal Code, the following fees shall apply: 2% of the approved estimated cost of the system.
